RAKESH KUMAR Vs. SUPERINTENDENT OF JAIL FARRUKHABAD

JUDGEMENT

(1.) THROUGH this petition, the petitioner has challenged the detention order dated 13 -8 -2005 passed by District Magistrate, Farrukhabad, respondent No. 2, under Section 3 (2) of the National Security Act.

(2.) THE grounds of the detention are contained in Annexure No. 2 to the writ petition. It is stated therein that on 7 -7 -2005 at about 5.30 in the evening, one Smt. Shashi Prabha was sitting with her husband at his shop along -with her brother and daughter. The detenu came there and asked her husband to come with him as some matter was to be discussed. She, her daughter and her brother also followed them. As soon as the detenu reached near Nakhasa Faizbagh, he demanded money from her husband for liquor. It is further stated that when her husband refused to give him money, the detenu took out a country -made pistol and fired a shot which hit him in the neck and he died on the spot, The FIR was registered at 6.40 p.m. the same day at police Station Shamsabad, being crime No. 499 of 2005 under Sections 302 and 506 IPC. The copy of the FIR is Annexure 5 to the writ petition. It has also come on the record that because of the said incident; shops in the locality were closed. There was hue and cry and atmosphere was exceedingly charged which resulted in breach of public order.

(3.) WE have heard Sri G.S. Hajela, learned Counsel for the petitioner and Sri Arvind Tripathi, learned A.G.A. No -body turned up for the Union of India.